SB 14 — modify provisions related to the practice of pharmacy.

26.361.1926.361.20 101st Legislative Session 14 South Dakota Legislature Senate Bill 14 IntroducedENROLLED by:A N A CT ENTITLED An Act to modify provisions related to the practice of pharmacy.

TheB ChairE ofIT theENACTED CommitteeBY onTHE HealthL andEGISLATURE HumanOF ServicesTHE atS theTATE requestOF ofS theOUTH StateD BoardAKOTA of: Pharmacy An Act to modify provisions related to the practice of pharmacy.

B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH D AKOTA :

(4) "Compounding," the preparation, mixing, assembling, packaging, or labeling of a drug or drug device, as the result of a practitioner's prescription drug order or an initiative based on the pharmacist/,pharmacist, patient/,patient, and practitioner relationship in the course of professional practice, or for the purpose of or as an incident to research, teaching, or chemical analysis, and not for sale or dispensing.

Overstrikes26.361.20 indicate2 deleted14 language.(8) "Drug administration," the direct application of a drug or drug device by injection, inhalation, ingestion, or any other means to the body of a patient or research subject;

26.361.19 2 14 (8) "Drug administration," the direct application of a drug or drug device by injection, inhalation, ingestion, or any other means to the body of a patient or research subject;

(16) "Pharmaceutical care," provision of drug therapy and other pharmaceutical patient care services intended to achieve outcomes related to curing or preventing a OverstrikesSB14 indicateENROLLED deleted26.361.20 language.3 14 disease, eliminating or reducing a patient's symptoms, or arresting or slowing a disease process;

26.361.19 3 14 disease, eliminating or reducing a patient's symptoms, or arresting or slowing a disease process;

(19)(20)(20) "Practitioner," a person licensed, registered, or otherwise authorized by the jurisdiction in which the person is practicing to prescribe drugs in the course of professional practice;

(20)(21)(21) "Prescription drug order," a written or oral order of a practitioner for a drug or drug device for a specific patient;

(21)(22)(22) "Proper name," the nonproprietary name for a biological product designated by the United States Food and Drug Administration license for use upon each package of the product;

and (22)(23)(23) "Registered pharmacy technician," a person registered by the board who is employed by a pharmacy to assist pharmacists in the practice of pharmacy by performing specific tasks delegated by and under the immediate personal supervision and control of a pharmacist, as permitted by the board.

The Board of Pharmacy may shall promulgate rules pursuant to chapter 1-26:1- 26:

OverstrikesSB14 indicateENROLLED deleted26.361.20 language.4 14 (8) To adopt publications or supplements thereto, as deemed necessary to describe the drugs, medicines, prescription drugs, or dispensing physician;

26.361.19 4 14 (8) To adopt such publications or supplements thereto, as shall from time to time be deemed necessary to describe the drugs, medicines, prescription drugs, or dispensing physician or other terms defined in § 36-11-2;

(14) Redispensing Pertaining to the redispensing of pharmaceuticals;

and (15) Pertaining to the dispensing of biological products;

The board shall may issue a pharmacy license only toto: a pharmacist in good standing, if the pharmacist:

(1) SubmitsAA pharmacist who is the owner, or part owner, of the merchandise and fixtures of the place of business for which the pharmacy license is applied for, provided:

The applicant for the pharmacy license shall submit a form prescribed by the board;board and pay a fee, not to exceed two hundred dollars, set by the board in rules promulgated in accordance with chapter 1-26.

and (2) Pays and pay a fee, not to exceed two hundred dollars, set by the board in rules promulgated in accordance with chapter 1-26.

Overstrikes36-11-33. indicate deleted language.

26.361.19The 5board 14may 36-11-33.issue a license to operate a part-time pharmacy in a hospital, nursing facility, or related facility, provided that the pharmacy services are limited to inpatients or residents of the facility.

The board may issue to a pharmacist in good standing a license to operate a part-time pharmacy in a hospital, nursing facility, or related facility, provided that the pharmacy services are limited to inpatients or residents of the facility.

SB14 ENROLLED 26.361.20 5 14 (1) The pharmacist owner of the proposed pharmacy submits a form prescribed by the board and pays a fee, not to exceed two hundred dollars, set by the board in rules promulgated in accordance with chapter 1-26;

and (2) The merchandise and fixtures of the pharmacy are owned by a person other than the pharmacist applying for the license owner:

The pharmacist pharmacist-in-charge must ensure all staff comply with the provisions of this chapter and with minimum standards, as established by the board in rules promulgated pursuant to chapter 1-26.

Each pharmacy license expires on June thirtieth following the date of issue issuance.

To renew a pharmacy license, the pharmacist owner must submit a renewal application on or before June thirtieth on a form prescribed by the board, and pay the renewal fee set by the board in rules promulgated in accordance with chapter 1-26, but not exceeding two hundred dollars.

A pharmacy license may be transferred to another pharmacist owner may change the designation of the pharmacist-in-charge,pharmacist-in- charge, provided an application for the transfer of the license change is made upon a form prescribed by the board and upon payment of a fifty dollar fee.

The application for transfer must be filed with the board not Overstrikesmore indicatethan deletedten language.days after the change of active management is made.

26.361.19If 6the 14application moreis thanreceived tenby daysthe board after ten days, the transferpharmacy changelicense ofis activevoid, managementand isthe made.owner must reapply for the license.

If the application for transfer is received by the board after ten days, the pharmacy license is void, and the pharmacist owner must reapply for the license.

The inventory must be taken on the date the new pharmacist-in-charge assumes active SB14 ENROLLED 26.361.20 6 14 management of the pharmacy.

In the event of the death of the pharmacist in active management pharmacist-in-charge, the pharmacy license issued to the deceased under this chapter shall, within one hundred twenty days after the date of death or on June thirtieth, whichever is sooner, become null and void, unless the license is transferred designation of the pharmacist-in-charge is changed as provided in § 36-11-37.

(2) The pharmacy for which the license was issued was kept open for the transaction of business without a pharmacist in charge thereof pharmacist-in-charge;

Overstrikes(4) indicateThe deletedactive language.management of the pharmacy was changed without the change in designation of the pharmacist-in-charge, as provided in § 36-11-37;

26.361.19 7 14 (4) The active management of the pharmacy was changed without the transfer change in designation of the pharmacist-in-charge, as provided in § 36-11-37, of the license;

orSB14 ENROLLED 26.361.20 7 14 (7) The minimum requirements of this chapter and the board are no longer met;

TheSB14 boardENROLLED may26.361.20 not8 issue14 aAn pharmacyAct licenseto modify provisions related to anythe pharmacistpractice applicantof unless:pharmacy.